$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 2111/2024 E U S P L M S EARTHZ URBAN SPACES PVT LTD THROUGH ITS DIRECTOR AR MR RAMAN KUMAR DAS .....Petitioner Through: Dr. Manish Singhvi, Senior Advocate along with Ms. Neha Syal, Advocate. versus K K PURI AND SONS THROUGH ITS KARTA JAIDEEP PURI & ORS. .....Respondents Through: Mr. M. Dutta, Sr. Advocate along with Mr. Aditya Guha, Mr. Anand Kumar Soni, Advocates for R-2 -4. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 10.02.2025 1. Counsel for respondent nos.5-6 appears pursuant to notice. Senior Counsel for respondent nos.2-6 also appears. None of the parties i.e. respondent nos.2-6, deny the Agreement/ Memorandum of Understanding dated 18th January 2022, executed between the petitioner on one hand and respondent nos.2-6 the other. The Arbitration clause is contained in Clause 43 of the said agreement. 2. In light of the disputes arising between the parties, pursuant to which invocation of arbitration has been invoked by petitioner, the parties have agreed that a Sole Arbitrator be appointed. 3. Ms. Santosh Snehi Mann (Retd. District Judge, Delhi) (Mobile No. 9910384743) (snehimann@gmil.com) is appointed as the Sole Arbitrator. The Arbitration proceedings shall take place under the aegis of the Delhi International Arbitration Centre (‘DIAC’). 4. The arbitration proceedings shall be conducted under the Rules of the DIAC. The fee of the Sole Arbitrator shall be as per the Fourth Schedule of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 11:59:28 the Arbitration & Conciliation Act,1996 as amended by the DIAC Rules. 5. List before the DIAC on 15th February 2025. 6. Let a copy of the present order be emailed to the Secretary, DIAC, on the email ID: delhiarbitrationcentre@gmail.com. 7. Parties to appear before the DIAC, which shall also issue notice to the counsel for the respondent once again. 8. Counsel for respondent nos.5-6 raises an issue relating to an averment which has been made in the petition in paragraph 5 relating to two other owners of the property, Mrs. Gowri Karmakar and Mrs. Sangeeta Dhawan alias Sangeeta Vohra, who are not parties to the Memorandum of Understanding. He states that no effective relief would be possible without their impleadment in the said proceedings. 9. Dr. Manish Singhvi, Senior Advocate for the petitioner, however, states that the agreement with Mrs. Gowri Karmakar and Mrs. Sangeeta Dhawan alias Sangeeta Vohra did not contain any arbitration Clause and, therefore, proceedings against the said parties shall be initiated separately. 10. Parties are at liberty to raise any issue and objection they may have, including issue of jurisdiction, before the Arbitrator. 11. Counsel for respondent nos.5-6 states that agreement qua respondent nos.5-6 stands terminated. These are issues which can always be raised before the Arbitrator in accordance with law. This Court has not expressed any opinion in the merits of the matter. 12. Petition is disposed of with all pending applications, if any. 13. Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 10, 2025/ak/tk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/02/2025 at 11:59:28